Probate actions

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Probate actions content

Precedents
Letter of claim—probate actionDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name]...
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13th Sep
Precedents
Letter of claim—proprietary estoppel claimDear [insert organisation name]Our Client: [ ]Your Client: [ ]Re: [insert property address]We act on behalf...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 13th Sep
Precedents
Probate actions—Larke v Nugus letterDear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary...
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13th Sep
Practice notes
Probate actions and family provision claims—costsThe legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the...
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Produced in partnership with Adam Draper of Shoosmiths 13th Sep
Practice notes
Probate actions—lack of testamentary capacityWith increased life expectancy comes increased mental illness as people’s bodies outlive their minds....
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Produced in partnership with Henrietta Mason of Penningtons Manches Cooper and Jeremy Bristow of Langleys and now internally maintained by LexisPSL Private Client 13th Sep
Precedents
Contentious probate—client guideThis document provides general guidance regarding some of the key issues in bringing a contentious probate claim.Your...
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9th Sep
Practice notes
Probate actions—Will contractsThese are not probate actions within the definition set out in part 57.1 of the Civil Procedure Rules 1998 (CPR) but...
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15th Aug
Q&As
What is the process to apply for a grant of probate where a previous grant of probate for the same estate has been revoked?Revocation of a grant of...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 15th Aug
Practice notes
Probate actions—constructionConstruction claims are very common and there is a wealth of case law on the subject but the result is a complex and...
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15th Aug
Q&As
Where a Will does not reflect the testator's intentions due to a clerical error, does a grant of probate need to be obtained to rectify...
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15th Aug
Q&As
When issuing a probate claim should the original testamentary documents be lodged at court?We refer you to CPR 57.5 which states:‘(1) Any testamentary...
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15th Aug
Precedents
Warning to caveatorWarning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To...
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15th Aug
Q&As
How should a party which is deceased be referenced on a claim form in civil proceedings? Does any reference depend upon a grant of probate?Referencing...
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15th Aug
Practice notes
Probate actions—want of knowledge and approvalBefore a Will is admitted to probate the court must be satisfied that the testator knew and approved of...
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15th Aug

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